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MEMORANDUM OPINION & ORDER pursuant to the United States' 3 MOTION to dismiss Lamberto Maramba, M.D. from this civil action and to substitute the United States as defendant and United States' 5 MOTION to dismiss this civil a ction against Dr. Maramba for failure to exhaust administrative remedies and pursuant to the parties' 8 agreement, directing that the United States is substituted as defendant in place of Lamberto Maramba, M.D.; and this civil action is dismissed without prejudice as it relates to the United States of America, inasmuch as plaintiff failed to exhaust her administrative remedies as required under the FTCA; this case is remanded to the Circuit Court of Kanawha County.Signed by Judge John T. Copenhaver, Jr. on 8/9/2012. (cc: attys; any unrepresented parties) (taq)

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